Planning commission grants downtown LaGrange waiver to let owners live above restaurant with conditions

The Oldham County Planning and Zoning Commission on Aug. 26 voted unanimously to grant a residential‑use waiver that permits mixed commercial and residential use at 111 and 113 North First Avenue in LaGrange. Docket PZ‑25‑020 passed by a 13‑0 roll call.

The properties are in the C‑2 Commercial District. The applicant, represented by attorney Mike Swansbury of Swansbury and Smith, asked the commission to allow the owners of Madeline's Nibbles and Wine to occupy the adjacent house at 113 North First Avenue so the owners can be on site more often while continuing to operate the restaurant at 111.

"We're talking about a mixed use situation here for those properties located at 111 and 113 North First Avenue," Swansbury said, arguing the request aligns with multiple objectives in the Oldham County Comprehensive Plan that encourage development in areas with existing infrastructure, support mixed‑use downtown centers and promote business retention.

Staff planner Sandy Rick Roden told the commission the properties were posted and noticed in advance of the hearing and that the buildings and surrounding downtown area include other mixed‑use instances. Roden said one of the structures contains an existing apartment that previously operated as a short‑term rental.

Commission discussion focused on whether the waiver should run with the land or be limited to the current owners, and on whether the waiver should be linked to a permanent zoning change. County counsel and commission staff outlined possible binding elements, including limiting the waiver to the current ownership and requiring the applicant to apply for a permanent zoning change within 12 months. Swansbury said the applicant agreed to apply for a zoning amendment and was prepared to limit the waiver to the current owner; he said the owners expect to pursue a rezoning to CN (a mixed‑use commercial designation) as the longer‑term fix.

The final motion and conditions approved by the commission read: the waiver applies only to the plan reviewed at the Aug. 26 public hearing; the applicant shall apply for a permanent zoning change within 12 months; and the waiver will be limited to current ownership of the property and use consistent with the plan reviewed at the hearing. Commissioner Krauss made the motion to approve; Commissioner Davis seconded.

Commissioners asked staff and counsel about enforcement and practical effects if a rezoning application is denied. County counsel outlined that the waiver, as drafted, will remain unless the ownership changes or the owners cease the approved use; the commission discussed but did not adopt a binding condition that would automatically terminate the waiver if a rezoning is denied.

A roll call recorded 13 yes votes and no oppositions. The commission packet and staff notes say the applicant intends to file for a rezoning and that downtown LaGrange contains other CN‑zoned and mixed‑use parcels. No public opposition speakers were recorded at the hearing. The commission moved to its next docket item after the vote.